header-logo header-logo

12 April 2013 / Richard Scorer
Issue: 7555 / Categories: Features , Personal injury
printer mail-detail

A fair cop?

scorer

Can police negligence be tackled under HRA 1998, asks Richard Scorer
 

“Metropolitan Police pays out over flawed rape investigation”: as The Guardian reported in December 2012, police failings in the investigation of a rape of a 15-year-old girl led to an out-of-court compensation payment by the police in a civil claim brought by the victim. The payment—made without admission of liability—concerned serious failings by the Met’s Sapphire sexual assault unit. In a report on the case, the Independent Police Complaints Commission had identified “a troubling picture of an inexperienced, overburdened police officer with inadequate supervision working in an under resourced unit”. Important mobile phone evidence which might have assisted a conviction was not secured; there was no search for forensic evidence at the crime scene. The suspect was charged but acquitted at trial. The trial judge called the police mistakes “a disgrace” and observed that the outcome of the trial might have been different if the matter had been “investigated properly”. The complainant sued and accepted £15,000 before the action came to trial.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll